Free Motion for Extension of Time - District Court of Federal Claims - federal

Case 1:98-cv-00484-JPW

Document 295

Filed 03/26/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) NORTHERN STATES POWER COMPANY, ) ) Plaintiff, ) ) v. ) No. 98-484C ) (Senior Judge Wiese) UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Pursuant to Rule 6(b) of the Rules of the Court of Federal Claims, defendant respectfully requests an enlargement of time of one additional business day, to and including March 27, 2007, within which to file its post-trial brief. Defendant's post-trial brief was originally due on March 23, 2007, and, on that date, we moved for an enlargement of time to file our post-trial brief until today, March 26, 2007. That motion is still pending. This is defendant's second request for an enlargement of time for this purpose. Counsel for plaintiff, Northern States Power Company ("NSP"), has indicated that NSP has no objection to the Government's motion for an enlargement, but, in light of the Government's motions, may subsequently need to file a motion to enlarge the time for NSP to file its post-trial reply brief. The requested enlargement is necessary because of the number of issues that the brief addresses and the involvement of the attorney supervising the case in the production of documents in Dairyland Power Co. v. United States (Fed. Cl. 04-0106). Because of the number of issues and the voluminous amount of evidence and testimony in this case, our brief, although we have worked to keep it as short as possible, is substantial. Although the supervisor who must review the brief has reviewed much of it, he has not yet had the opportunity to complete that

Case 1:98-cv-00484-JPW

Document 295

Filed 03/26/2007

Page 2 of 3

review in light of issues in Dairyland and issues in other spent nuclear fuel cases that have necessitated his involvement. We believe that, with an enlargement of one additional day, we should be able to complete our brief and submit it to the Court. For the foregoing reasons, defendant respectfully requests that the Court grant our request for an enlargement of time of one additional business day beyond that previously requested, to and including March 27, 2006, within which to file our post-trial brief.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director s/Harold D. Lester, Jr. HAROLD D. LESTER, JR. Assistant Director OF COUNSEL: JANE K. TAYLOR Office of General Counsel U.S. Department of Energy 1000 Independence Avenue, S.W. Washington, D.C. 20585 s/Andrew P. Averbach ANDREW P. AVERBACH Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit, 8th Floor Washington, D.C. 20530 Tele: (202) 353-0527 Fax: (202) 305-2118 Attorneys for Defendant

March 26, 2007

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Case 1:98-cv-00484-JPW

Document 295

Filed 03/26/2007

Page 3 of 3

CERTIFICATE OF FILING AND SERVICE I hereby certify that on this 26rd day of March, 2007, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/Andrew P. Averbach